the consumer product safety commission says there have been 70 complaints about nap nanny, including 5 deaths. >> we believe it's a hazardous product. >> reporter: for months, the makers of the nap nanny have refused to pull its product or offer refunds. the government is taking a rare step to ask a judge to pull it off shelves. >> the reason i came up with it, my daughter would only sleep in her car seat. >> reporter: in a statement, she says she is heartbroken for the families who lost a child. but says the parents misused the product, but either not strapping the baby in or placing the device on a table or a crib. >> the nap nanny is for floor use only. >> reporter: nap nanny raised the sides, and posted this instructional video. but children continued to die. and the company, again, refused to take responsibility. quote, no infant using the nap nanny properly has ever suffered an injury requiring medical attention. for "good morning america," jim avila, abc news, washington. >> thanks to jim. >>> we're going to turn to the search for an arizona college freshman missing almost a w